(영문) 부산지방법원 2014.04.04 2013노4001 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2014.04.04 2013노4001

사기등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

The judgment below

Part of acquittal.

Reasons

1. Summary of grounds for appeal;

A. In relation to the crime No. 1 of the judgment of the defendant (A) as to the charge No. 1 of the judgment of the defendant, the defendant remitted the amount of USD 50,000 received from the victim E to the Russia company. Since the contract for the importation of the name of Russia was cancelled due to the victim's non-performance of obligation, the judgment of the court below which found the defendant guilty of this part of the charges.

(B) As to the crime Nos. 2 and 3 of the holding, the Defendant only mediated the Hasia’s H physician and the Hasia transaction between the victim, the Defendant did not have any criminal intent to acquire USD 3,120 (Korean Won KRW 3,391,533) and USD 4,642.63 (Korean Won KRW 5,443,530) which the victim E remitted to the Hasia, and thus, the judgment of the court below which found the Defendant guilty of this part of the facts charged is erroneous in the misapprehension of facts.

(C) As to the crime Nos. 4 and 5 of the holding, the victim paid customs clearance fees and warehouse fees to obtain the certificate of sanitation by returning the Daegu-gu difficulty of the instant case to Russia, and thus, the Defendant did not have the intent to obtain the above customs clearance fees and warehouse fees. Therefore, the judgment below convicting the Defendant of this part of the facts charged is erroneous in the misapprehension of facts.

(2) The prosecutor defendant had a criminal intent to acquire it by deceit because he did not pay transportation charges for the victim M with a considerable personal obligation. Therefore, the judgment of the court below which acquitted the defendant of this part of the facts charged is erroneous in the misapprehension of the legal principles.

B. As to the punishment of unfair sentencing (one-year imprisonment) of the lower judgment, the Defendant asserts that it is too unreasonable, and the prosecutor asserts that it is too uneasible and unfair.

2. Determination

A. (1) According to the evidence duly admitted and examined by the court below and the trial court as to the crime No. 1 of the judgment on the Defendant’s assertion of mistake, the Defendant is the victim E.

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